hello , if they did this then they must have singned your name to the title? and this is consdiered fraud, and are you also aware that your self may have to fight some but get a lawyer go to the police, rather its a friend a family member are what ever press charges against them , you will get your licnese back they will be in deep trouble . do not set around you can wait to long, this is a big offense, this person deserves torture. it may be hard to hurt a family member are friend but they have just hurt you . if it was family etc.. but regardless talk to a lawyer and go to police. do not wait another second do it now.. I hope you get this straightened out , if you do not act it will haunt you for ever will cancel insurance, will make insurance companies deny you, you want even be able to buy a car, your life will be strictly limited due to someone else. if they done this rthey are truly not a friend ok.. best of luck...
2007-01-11 18:55:46
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answer #1
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answered by c.c. 3
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The answer is mostly no as it would be fraud. An exception would be if you are married to that person or possibly if they have power of attorney over you.
You need a lawyer if it's not small claims court and maybe it it is!
If neither of these or any such related cercimstance is the case, then they can not put you name on a car without your permission.
If you know this person (for example my sisters ex-husband did this very thing), you can go to the dealer and explain who has the vehicle. You can tell them that you did not give this person permission to put your name on the car. They should ask you to sign something saying so and then try to repossess the car. Something can usually be worked out.
If the car was bought through another person, you do not know the person who used your name, etc. something else must be done. If you did not give them permission then they must have forged your name. In any case, whether you can work with a dealer or it is another matter, a police report should be filed.
My sister was able to have hers worked out without the police because her husband voluntarily gave the truck back and she did not charge.
You can either go to the police station or call and ask for the fraud and/or theft department. Tell them your complaint. They will give you a number (try very hard not to lose it). They will investigate the case and it will go from there. No matter what, if you truly did not give this person you permission, the police, a lawyer, etc. will be able to help you. Look for legal advice and the police may also be able to tell you how to solve the problem yourself. (sorry so long)
2007-01-11 23:28:38
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answer #2
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answered by Anonymous
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There are a lot of answers here and this will echo many of the things that have been said but here goes anyway..
1) To transfer a title generally requires two signatures, the seller and the buyer. That document is kept or recorded by the State. You will need to get a copy of that to prove that you did not sign the transfer. If you DID sign it, (inadverdently or without realizing what it is, then you ARE the owner of that car as far as the law goes)
2) So... with the copy of the document go to the police and file a fraud complaint. Give them a copy of the copy and also let them copy your drivers license (which has your signature on it). A report will be entered and you should obtain a copy of that report.
3) By registered letter send a copy of the transfer and a copy of the police report to the people that are suing you. IAnd to the local DMV. That should start the process of getting your license released. As for the plaintiff...if they respond to you fine.. if not, then you are going to have to defend yourself in court.
4) If you are going to court in small claims, you may want to consult with an attorney. If you are going to superior court you MUST have a lawyer.
5) If you know WHO did this, then you may consider filing a lawsuit against THAT individual for the expense and hassel that he/she has created. ... you can small claims it (we call it wapnerizing) to keep it simple... generally up to $5,000
6) Back to YOUR problem.... In small claims your defense is simple. It is not your car. You will present your evidence plus any other evidence or testimony which you can provide that substantiates that someone else bought the car in your name. If the police have a finding of fraud definately you want to present that. You will also present evidence that you have tried to mitigate the problem and notified the plaintiff about this well in advance of the trial about the fraud. The courts do not like to have time wasted when the outcome was self evident....
ok. hope that helps a bit more.
Someone mentioned checking your credit report for OTHER elements that you did not 'own' or order.. an excellent idea. You may find that you are the proud owner of another car.
.
2007-01-12 04:09:59
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answer #3
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answered by ca_surveyor 7
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YOU ABSOLUTELY CAN'T RESOLVE THIS ON YOU OWN, you need an attorney, one willing to gather the proof that you didn't purchase the car or wreck it.
You can get a copy of the wreck report from the police, there may be evidence in there, that will prove that at least you were not driving the vehicle. Then go to the place where the car was purchased and get a copy of the purchase agreement. You can use that in court to prove it's not your signature. They can't deny you a copy, since they are claiming it's you who purchased it.
Also call the credit bureao's and get a CREDIT FEEZE put on your credit and ask for a credit report. WHY? If they purchased a car in your name who knows what else. They may try again, by putting a Creidt Freeze on your credit, you can keep them from taking out credit in your name for six months. You will also get a credit report. If someone attempts after you put a credit freeze on, to take out credit in your name, the company where they are trying to take it out will be alerted that it's not you and to call the police. Go over it and see if other items have been purchased in your name on your credit report. Contact each one and let them know you did not purchase that item and you want the name and phone number of the person who did. Turn this into the Fraud department at your local police department.
GET AN ATTORNEY before going to court or the judge will rule against you and get as much information on who purchased the car, if you can. Getting a copy of the purchase agreement should show if they used or name and your social security or just your name. If they have a wrong social security number that will help you fight the claim. If they are using your social security number, they are also guilty of a felony.
DO not let this go, you are going to have to do a lot to get your license back and fix your credit history, because now your credit is ruined. Don't forget to get a copy of your report and soon as you do ask the credit bureao to Freeze your credit becacuse someone else is using your name. Basically what you are going through is identiy theft and it's going to take a lot of work to ever get this fixed, so start today, tomorrow at the latest.
As for court, once you find out what the day of the wreck was and the time, if you can prove you were elsewhere that will help. HOw, if you have a teacher or someone the law will trust who can prove you were in class or at work and will testify to this in court, it will help prove it wasn't you driving. Also have your attorney, even a legal aid attorney, as for a discription of the driver of the car from the people who are suing you. If you are lucky the description alone will prove to the people you were not the one driving the car and you may be able to get them to drop the case.
Also your attorney can ask for the form the person signed at the sight of the wreck to be finger printed, if they left their finger prints on it, that will help prove it wasn't you, even if they used your name. Also talk to the officer listed ont he report, he may remember well and realize it's not you. He may even have a copy of the drive license of the person from the wreck, and if your name is on it, but it's clearly not you, that will help your case adn will also help prove someone has stolen your identity.
Last but not least, if it happened to me I would go to my local news station adn tell them I want the world to know me, so when they see someone using my name they'll call the cops and ask if they'd do a small story on you, put your face and name on the new with your story, so others who may know the person using your identity will call the police. Some news stations will do this, some not, but you lose nothing by trying and sometimes it's the only way to stop the person.
50% of those who have their identity stolen, have it stolen by someone they know. Put together a photo album of everyone you know over eighteen. When you talk to the police officer who is one the wreck report, ask him if it was anyone of those people, if he recognizes someone, tell him they have stolen your identity, purchased a car without your consent and wrecked it and you want them arrested. Also if you can get the address and name of the people who the person wrecked with, take the pictures to them and ask if it was a person looking like any of those people adn also, if they haven't seen you, seeing you they may realize you were not the person in the wreck, driving the car and may drop the law suit against you.
Until you can prove that it wasn't you driving the car and in the wreck, you won't get your license back, at least not for a year or two and if you don't prove it wasn't you, then even when you do your insurance rates will be so high you won't be able to afford to drive unless you are well to do. If you can get the cop to say the person driving wasn't you, you can get him to sign a statement to that fact, then petition the drivers license department for a resoration of your drivers license. You may even want to talk to them and ask them what they'd require to prove it wasn't you and to restore your license without a blemish on it, as there may be more you'll need to do that I'm not aware of.
THIS IS GOING TO TAKE A TON OF WORK, but if you don't do this you may never again have a good credit report and you may have this type of problem for years to come.
I WISH YOU THE BEST
2007-01-11 19:00:51
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answer #4
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answered by Mountain Bear 4
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Get a lawyer and fight it every bit of the way. Good luck.
2007-01-12 03:39:52
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answer #5
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answered by Jodi C 5
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They can't put a car in your name if you don't sign the title.
2007-01-11 18:42:47
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answer #6
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answered by Anonymous
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how'd it happen with out ur permission? you might want to get a lawyer
2007-01-11 18:46:25
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answer #7
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answered by Anonymous
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you will have to prove to the state that you did not have any knowledge that this person put the car in your name........PROOF......not just hear say. or they have to confess it. goodluck
2007-01-11 22:53:39
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answer #8
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answered by justmenothinelse 5
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go to police
2007-01-11 18:41:31
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answer #9
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answered by Anonymous
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